RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01859 XXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her records be corrected to reflect her current married/legal name. APPLICANT CONTENDS THAT: The correction was never accomplished when she divorced in 2001, nor when she remarried in 2003. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 6 April 1981, the applicant entered the Regular Air Force. On 27 April 1984, the applicant was furnished an honorable discharge and was credited with 3 years and 22 days of active service. The applicant’s Application, License, and Record of Marriage filed on 9 July 2003, reflects her current name. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial indicating there is no evidence of an error. Air Force Instruction 36-2608, Military Personnel Records System, states “Do not correct records of former members to show name changes occurring after discharge.” In addition, the applicant does not have Automated Records Management System or Military Personnel Data System files and has no additional affiliation with the military. A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 September 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). AIR FORCE EVALUATION: SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 Mar 15, states that while the AFBCMR generally has the authority to correct an applicant’s records to reflect a legal change in the applicant’s name, it should exercise discretion is doing so. In the past, the AFBCMR has rarely corrected a record to reflect a name change when the record in question was accurate at the time it was produced. The Board may choose to depart from this precedent when the facts and/or equities can be distinguished from past denials and the applicant demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice. Because the DD Form 214 is primarily created for the benefit of the veteran to establish entitlements to various government programs or in seeking employment with organizations that grant veteran’s preferences, a name change on the DD Form 214 may be appropriate when the veteran asserts that presenting their DD Form 214 which lists their old name effectively requires them to explain their personal history which they find needlessly intrusive and is thus an injustice. This type of injustice may arise in situations such as when the name change is transgender related or associated with a divorce. Therefore, correction to an applicant’s name on a DD Form 214 is only a reasonable outcome when the applicant clearly demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice. This memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR’s authority. A complete copy of the SAF/MR evaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: On 15 December 2015, a copy of the SAF/MR Memorandum was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error. Should the applicant provide evidence to demonstrate that allowing the DD Form 214 to remain uncorrected would constitute an injustice we may be willing to reconsider her request. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2015-01859 in Executive Session on 21 January 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 April 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIRP, dated 15 July 2015. Exhibit D. Letter, SAF/MRBR, dated 21 September 2015. Exhibit E. Memorandum, SAF/MR, dated 9 March 2015. Exhibit F. Letter, AFBCMR, dated 15 December 2015.